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(영문) 서울동부지방법원 2018.06.15 2018가단106327
구상금
Text

1. The Defendant’s annual interest in KRW 181,415,315 and KRW 181,197,345 among the Plaintiff, from August 28, 2017 to January 20, 2018.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to No. 4 of the judgment as to the cause of the claim, the separate sheet

1. to 1.

5. There is no reflective proof. Thus, the Defendant, as a joint guarantor of the obligation under the instant guarantee agreement, is obligated to pay 181,415,315 won as the amount of indemnity, etc. to the Plaintiff (i.e., KRW 181,197,345 additional guarantee fees of KRW 217,970), and 181,197,345 won among them from August 28, 2017 to January 20, 2018, the delivery date of a copy of the complaint of this case (original copy of the payment order), to delay delay damages by 10% per annum from the next day to the date of full payment, and to delay damages by 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2. On February 26, 2018, the Defendant’s claim is pending in the Seoul Rehabilitation Court’s case of individual bankruptcy and application for immunity, and thus, the Plaintiff’s claim cannot be complied with. However, the Defendant’s claim is not subject to any limitation on the exercise of the Plaintiff’s right in the lawsuit solely on the ground that the Defendant filed an application for individual bankruptcy and application for immunity. Thus, the Defendant’s claim is without merit.

3. Conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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